PCP Expects Authors to Reflect on Law of Concern

The PKP considered this Monday that the authors of the euthanasia diploma should “reflect” on the law, which “causes some concern” after the Constitutional Court found some provisions of the decree unconstitutional.

“It was important that the authors of this law reflect on the proposal that they made and which raises some concerns that we expressed, although we did not raise the issue from a constitutional point of view, we calmly awaited the decision of the Constitutional Court,” said António Filipe, member of the Central Committee of the PCP , speaking to reporters in Beja, where the party’s parliamentary days are held.

A former member of the Assembly of the Republic, who oversaw the euthanasia legislative process in the past legislature, said that the PKP is registering the decision of the Constitutional Court, which declared the euthanasia diploma unconstitutional.

“This decision has been made, and the important thing is that it is important not to waste time on fundamental issues, namely strengthening the National Health Service (SNS), creating conditions for suffering people so that they have access to all palliative care. care to which they are entitled, as well as to prevent the practice of therapeutic obstinacy,” he stressed.

António Filipe believes that now that the diploma has been returned to Parliament, “the time has come to think about this issue”, and stressed that now the supporters must decide whether they “will insist on a different text or consider that, purely and simply, on it shouldn’t be insisted on.”

On the PKP side, António Filipe ensured that the party would maintain its “principled position” on euthanasia, reiterating that they did not consider the issue a “social problem”.

“What is a social problem, in fact, is the situation with the SNA – it must be answered in the sense that these are people who suffer from a lack of palliative care – there is an urgent need to find answers at that level. – and in relation to those who suffer – that there is good medical practice and that there is no therapeutic obstinacy,” he stressed.

For a PKP Central Committee member, “this is a fundamental issue” and not “legislation to enable people to foresee death for nobler purposes.”

Asked if the two axes are not compatible, António Filipe stressed that this is a discussion that has been going on “for many years” and emphasized that the PCP respects “the goals of many people who believe that Portuguese law should open up the possibility of going to court . to an early death.”

“We expressed the concerns that we have about countries where this opportunity has been created, and these are examples that we did not want to see in Portugal,” he said.

In the case of the diploma “failed” by the Constitutional Court, António Filipe believes that the proponents “choose a very complex regime, perhaps overly complex, which means that, in the end, the individual decision is left behind and there is an administrative act after a long and difficult process that would allow resorting to early death.

“The movers themselves ran into difficulty with their own proposal, but this is a reflection that we will likely continue to have. But at the moment we are faced with the decision of the Constitutional Court, which, obviously, necessarily implies a veto on the diploma and its return by the President of the Republic,” he said.

Asked if he considers, since this is the second time the Constitutional Court has “failed” a diploma on euthanasia, “incompetence” on the part of the drafters of the legislation, António Filipe dismissed the idea, recalling that the decree caused controversy with the Ratton Palace judges.

“I would not say that there is incompetence on the part of those who approved this text, because it would also mean that one part of the Constitutional Court is competent and the other is not. The meaning of our constitutional text,” he said. said.

António Filipe stressed that although the decision was not unanimous, it has “all the jurisdictional value of a ruling of the Constitutional Court, which, of course, must be respected.”

The Constitutional Court (CC) declared unconstitutional this Monday certain provisions of the decree governing medical death in response to a request for preventive screening by the President of the Republic, who has already announced a veto and the return of the diploma. to parliament.

This was the third decree passed in Parliament on euthanasia and the second time that a head of state had requested a preventive check on the matter on 4 January.